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HomeMy WebLinkAbout7.F.2. Approval of Minutes: July 17, 2006 7.f. :). OFFICIAL PROCEEDINGS OF THE CITY COUNCIL. ADJ. REGULAR SESSION SHAKOPEE, MINNESOTA JULY 17,2006 Mayor John Schmitt called the meeting to order at 7:00 p.m. with Council members Steve Clay, Terry Joos (7: 10), Steve Menden, and Matt Lehman present. Also present were Mark McNeill, City Administrator; Jim Thomson, City Attorney; Judith S. Cox, City Clerk; Michael Leek, Community Development Director: and Bruce Loney, Public Works Director/City Engineer. Michael Leek, Community Development Director presented the Council with a request from 1- State, LLC for preliminary plat approval and for a conditional use permit (CUP). The plat is divided into three parcels and is located north of Fourth Avenue East, west of Shenandoah Drive and south of CSAH 101. The lots platted out on the site are off of Shenandoah Drive. The CUP is for the use on lot 1, located to the north along Highway 101, for truck sales and repair facility. The Planning. Commission recommended approval with the fIndings and conditions that are contained in the draft resolutions. Mr. Leek stated that the legal opinion of the City Attorney, Jim Thomson, regarding the uses proposed for the preliminary plat, is that the preliminary plat for Insterstate Subdivision stands on its.own merits against the plat requirements in the city's subdivision ordinance. The conditional use permit is a separate matter and a separate vote. Two issues with regard to the plat were storm water drainage and water service. The conditions in the resolution that cover those issues for preliminary plat approval will accommodate minor changes as discussed in more detail. Cncl J oos arrived and took his seat. Lee Henderson, Attorney for I-State Truck Center, addressed the Council. Mr. Henderson stated that there have been many hours of testimony with regard to this project. Mr. Henderson also stated that with regard to all the testimony the Planning Commission recommended approval in a vote of 6-0 for the preliminary plat as well as the conditional use permit. Mr. Henderson stated that the I-State Truck Center has approximately 100 employees with future growth of upwards of another 150 jobs in Shakopee. Mr. Henderson stated that 95 percent ofthe issues raised apply to two future projects that are not a part of the CUP that is currently up for approval. Cncl. Menden asked Mr. Henderson if the current employees of I-State would relocate to Shakopee from the Roseville center. Mr. Henderson said that he's not sure how many of the current employees from Roseville would relocate to Shakopee. Mr, Henderson said that over time people tend to migrate closer to where they work so with either scenario there will be over 100 people working, shopping, or moving to Shakopee. Cncl, Lehman asked why I-State is leaving the Rosevillearea. Mr. Henderson stated that the building I-State is currently in is a leased building. Since I-State leased that building three years ago, they have been looking for a place to relocate. Official Proceedings of the June 17,2006 Shakopee City Council Page -2- Karen Marty, an attorney representing the Pinewood Estates neighborhood that is concerned about the I-State Truck Center, addressed the Council. Ms. Marty stated that the neighborhood she is representing is aware that the land I -State Truck wants to put their business on is zoned light industrial (I-1) but feels that I-State Truck Center is a heavy industry business and should be located on property zoned for heavy industry. Jerome Williams, 546 Timber Court, addressed the Council. Mr. Williams' points were as follows: . Storm water ponding issue has not been studied or resolved. City staff and the attorney's for I -State admit that there are still issues that remain open. . The process of approving this matter has been flawed. The opportunity to speak and provide opposition evidence has been limited or denied completely. . The neighbors have not been given access to the same information at the same time as provided to I-State. . The City Staffhas been bias and in favor ofI-State. . The neighbor's have not been given proper notice of important events and meeting. . Planning Commission members had their minds made up before listening to all evidence in the matter. . Applications do not contain adequate conditions designed to safeguard the neighborhood. . The blasting during construction will damage homes: Mr. Williams submitted his prepared statement to the City Clerk to keep on record with these minutes. (Document No. CC-415) Brad Nelson, 498 Ash Street, a Pinewood Estates Resident who lives near the property in question addressed the council. Mr. Nelson stated that he use to work for BFI garbage company and is aware of how a truck repair operation works for fleet vehicles. Mr. Nelson said that a 24 hour service shop would create a lot of noise while working on these vehicles. He also stated that when trucks would come to I -State for repair the trucks would be running idle for periods of times which would cause noise and pollution. Ann Mulcrone, 2384 Pinewood Drive, a Pinewood Estates resident is concerned about the truck traffic that would be created on 4th Avenue. She said that she is concerned about how semi- trucks are going to maneuver through streets such as 4th Avenue, Marschall Road, and Shenandoah Drive. She feels they are to narrow to accommodate semi trucks. Wayne Tapper, 469 Ash Street, a Pinewood Drive Estates resident who is concerned about the City of Shakopee and the quality oflife they are promoting. Mr. Tapper sited all of the bike paths and parks that the City has promoted and built. He is concerned that the increased amount of truck traffic that will be associated with I -State Trucking will hinder people from using these trails and parks. Mr. Tapper also feels that I-State Trucking is a heavy industrial business and needs to be located in a heavy industrial zone. Dan Arbuckle, 1807 Greenway A venue, a neighborhood resident addressed the council with concerns with regard to I-State Trucking being located near his neighborhood. His concerns are with regard to noise and noise ordinance issues. Mr. Arbuckle is also concerned with I-States future plan of a generator building that would be located closest to his neighborhood. His concern is again with noise and pollution from this future generator site. Official Proceedings of the June 17,2006 Shakopee City Council Page -3- Dennis Vyskocil a Pinewood Estates resident voiced his concern regarding the attitude from the Planning Commission the neighbors received at the last Planning Commission meeting. Mr, Vyskocil also asked why the City is plowing and maintaining the sidewalk and trails along Fourth Avenue on the north side of the road at the expense of tax payers. Mr. Loney addressed Mr. Vyskocil's questions. Mr. Loney stated that the City maintains sidewalks and trails on City collector streets and Fourth Avenue is a collector street. Mr. Loney also stated that it was the Maintenance Supervisor's decision to cut grass along that area so it would look nice because it was on the same path the worker would be taking to other areas they had to cut and maintain. Mr. Vyskocil is also concerned with the blasting that would take place during construction. Jeff Pumper, 435 Ash Street, a Pinewood Estates resident stated his disappointment with the P~anning Commission's decision to deny residence to speak at their meeting. Mr. Pumper provided Council with pictures of the Pinewood Estates neighborhood as well as pictures from I- State Trucking facilities in Roseville. Mr. Pumper also has a concern regarding the value of his home if I-State puts their facility on the prol?erty across from his neighborhood. Mr. Pumper provided a statistical presentation of homes that border industrial zones and compared them to homes that were approximately four blocks away from industrial zones. The comparison was of homes of the same size and date built. Mr. Pumper's analysis showed a $14,000 home value difference between the properties. Mr. Pumper would like the City to provide a "property value guarantee" to the neighbors of Pinewood Estates if I -State Trucking is granted a conditional use permit. Mr. Pumper also provided photos of a light industrial zone in the City of Chanhassen. The buildings in Chanhassen zoned light industrial are all "self-contained" businesses, which mean all work is done inside the building. Mr. Pumper provided the City Clerk with the packet of information as well as the photo's he presented to the Council. Paul Terrizzi, 21 14Greenway Avenue, a neighborhood resident provided Council with information from I-State's website with regard to service provided at all of their facilities. Mr. Terrizzi also called attention to their24 hour operating hours, Mr. Terrizzi provided satellite imagery from the internet of I -States facilities in Minnesota and Montana. He pointed out that all four facilities are not located near residential sites. Mr. Terrizzi provided the City Clerk with the information he presented to the City Council. Stacey Pumper, 435 Ash Street, a resident of Pine wood Estates provided Council with information regarding possible pollution that would be created by I-State Trucking if located near her neighborhood. She also provided a petition from 200 residents opposing the Conditional Use Permit for I-State Trucking. Ms. Pumper provided the Council with what she would like to see in the Conditional Use Permit. There are as follows: . Proposed building layouts should be revised to require the corporate office facility to be nearest Fourth A venue and the power systems building should be moved furthest from existing residential area. . Allow one access from the proposed development onto Fourth Avenuefor emergency vehicles only. . Shall provide a 70 foot deep outlot along Fourth Avenue (consistent with the residential outlot of Pinewood Estates), providing additional tree and vegetation plantings in replace of removed trees and vegetation. . Shall provide a solid tree, berm, or fence screen across Fourth Avenue to buffer the development from the adjacent residential development consisting of 8 to 10 foot white Official Proceedings of the June 17,2006 Shakopee City Council Page -4- pine trees in front of the cedar fence. The 15 to 20 foot relocated pine trees would be located on the other side of the fence. . Shall not operate any sales or service between the hours 6:00 p,m. to 7:00 a,m. Monday through Sunday and emergency skeleton staff is not allowed. . Shall conduct sales and service within an enclosed structure. All service bay doors closed unless the vehicle.is entering or exiting. . Shall provide signs at the comers of Fourth Avenue and Shenandoah Drive and Highway 101 and Shenandoah indicating "Main Entrance". . Shall keep all outdoor garbage dumpsters in an enclosed structure and screen from visibility at all times. . Shall sell products only within the principle structure. . Shall not store any vehicles which are unlicensed or inoperative for more than seven days. Beyond seven days an unlicensed or inoperative vehicle will be considered abandoned and may be impounded by the City. . Shall have no on street parking at any time along Fourth Avenue or Shenandoah Drive. . Every exterior surface which has had a surface finish such as paint or stain applied shall be maintained to avoid noticeable deterioration of the finish. No wall, fence or any other exterior surface shall have pealing, cracked, chipped or otherwise a deteriorated surface finish. . The emission of smoke or particulate matter is prohibited where such emission is visible or can be smelled beyond the property line. . The emission of odorous matter in such quantities as to be readily detectable beyond the boundaries of the immediate site is prohibited. . Any use creating periodic earth shaking vibrations shall be prohibited if such vibrations are perceptible beyond the boundaries of the immediate site. . The City of Shakopee reserves the right to amend and add conditions to the Conditional Uses as amenities are added. . Property values will be guaranteed (in writing) as such that the property values will stay even with other comparable properties of similar lot size with homes with similar square footage and or a total square footage of the year built. . Shall not repair or service more than 2 percent of vehicles from model year 1998 or older. . Shall have no trucks or automobiles idling for more than 15 minutes. . I -State shall be required to have a back road leading through their property from Shenandoah Street to Sarazin Street. Ms. Pumper provided the City Clerk with copies of everything she presented to Council. Tom Hennen, 2353 Eastway Avenue, a resident of the neighborhood asked the City to consider a "Three Strikes" rule of the conditional use permit. Any ofthe conditional uses that are violated three times, the company would lose their right to the CUP. Mr. Joos pointed out that any business that has a CUP stands to lose their right to it for any violations. Karen Marty re-addressed the Council. She stated that the City should turn down the plat approval because of the CUP. She feels the applicant does not understand what is required ofa conditionalllse permit. Ms. Marty stated that she did not see findings from the City until tonight; she wrote findings herself. The findings (criteria) that must be made to grant a CUP are as follows: Official Proceedings of the June 17,2006 Shakopee City Council Page -5~ . The use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the immediate vicinity. . The establishment of the conditional use will not impeded the normal and orderly development and improvement of surrounding vacant property for uses allowed in the area. . Adequate utilities, access roads, drainage, and other necessary facilities have been or will be provided. . The use is consistent with the purposes of the zone in which the applicant intends to locate the proposed use. < . The use is not in conflict with the Comprehensive Plan. Ms. Marty addressed specifically how each finding was not met and submitted the documents she used to support her position to the City Clerk. Ms. Marty stated that the residents have come forward over and over again, they have done research, and hope that the City will turn down the application for a conditional use permit. They have submitted conditions if the Council does so approve the application. LehmanlMenden moved to recess for 10 minutes recess (9:15 p.m). Motion carried 5-0. Mayor Schmitt re-convened the meeting at 9:32 p.m. Mr. Henderson had two comments for the Council. One is that they worked with staff on all of the issues that have been raised in terms of what the ordinances require. He feels that they've gone beyond the ordinances in many instances, City staffhas reviewed everything and has approved the application with the conditions that have been included. Second is the fact that there is accusation that I-State will violate many city ordinances. Mr. Henderson stated that the facility in Bloomington has been in its current location for 36 years and has never received a complaint or cited the facility for any violation of any Bloomington ordinances. Cncl. Lehman was unclear if the property was going to be leased or owned by I-State Trucking. Mr. Henderson stated that the property iscurrently owned by the company. Most likely at the time of its final configuration it will be owned by a related company. The legal entity is a separate LLC with a lease with the company. Cncl. Menden asked Mr. Henderson for more information as to what type of activities will be associated with the Shakopee facility. Mr. Henderson said the I-State Truck Center is a sales and service facility for Freightliner trucks primarily. The company sells trucks new and used. The vast majority of new truck sales are sold as fleets most often through a spec sheet as opposed to someone coming in and browsing a truck lot. Orders are placed off of specific spec requirements. The facility provides service work and a body shop for truck repair. A vast majority of repair work is warranty work. Mr. Henderson discussed the power systems building which may be built sometime in the future. The generators that are sold on the power systems side of the business are very large generators that are back ups for large buildings. Typically they are delivered directly to the job site and are tested and run at the site where they are installed. They are never tested at the power systems building. Official Proceedings of the June 17, 2006 Shakopee City Council Page -6- Cncl. Menden asked Mr. Henderson about hours of service. Freightliner requires that the facility be available 24 hours a day for emergency operations. This does not mean that there is active repair going on 24 hours a day. Mr. Henderson said that they have 35 mechanics on the first shift; four that work the second shift and no one works the third shift. Cncl. Menden also asked the number of vehicles that are serviced on a typical day. Mr. Henderson stated that approximately 30 vehicles a day get serviced. Cncl. Menden also asked what the holding time of a vehicle in the service area is. Mr. Henderson stated they didn't have it down to the hour however he did state that the turn around time is very quick because the repairs are done on fleet vehicles which need to be serviced quickly to send back out on the road. Cncl. Menden asked ifit's only the tractor's being serviced at this facility or do they do service on trailers too. Mr. Henderson stated that service is only provided to the tractor portion of the vehicle. Cncl. Joos asked what percentage of work is done for warranty. Mr. Galarneau, owner ofI-State Trucking, answered stating that 65 percent of the work done at the facility is warranty work. Mr.Glarneau also stated that most warranties that go out with fleets are about five hundred thousand mile/five year warranties. Typically the trucks run approximately three years and are then sold because they still have a warranty and sell at a higher rate. Cncl. Clay asked if it's possible for the work bay doors to be closed during the overnight shifts to minimize noise in the middle ofthe night. Mr. Henderson stated that generally there's not much activity there during the overnight hours, Cncl. Lehman asked Mr. Thomson, the City Attorney, what the bases is for not denying the plat. Mr. Thomson stated that the plat application is to meet the subdivision regulations. The issue on the futureuse of the lots is really not applicable to the plat application itself. The applicants do not need to ask for a conditional use in order to plat the property, Cncl. Menden stated in the revised Resolution 6461, I-C, "The water service plan is not acceptable. Shakopee Public Utilities require a revised plat that conforms to their requirements prior to consideration of the preliminary plat request by the City Council." Cncl. Menden is wondering why the plat is on the table for consideration. Mr. Leek stated that Shakopee Public Utilities had received revised plans which were generally acceptable to Shakopee Public Utilities Commission. Cncl. Menden also asked for clarification to the Findings of the Conditional Use Permit that states "The use will not be injurious to the use and enjoyment of the other property in the immediate vicinity. . ." Cncl. Menden wanted clarification of what the "immediate vicinity" meant. Mr. Thomson stated that it is a matter of discretions for the City Council to impose, Cncl. Menden also asked what the surrounding parcels are zoned. Mr. Leek stated that they are all zoned I-I. (Light Industrial Zone). Cncl. Lehman asked Mr. Thomson if he is supposed to disregard the pictures of the structure on the plat that he had in front of him. Mr. Thomson stated that when the plat gets recorded it gets recorded with no structure on it and is recorded with the lot lines and the drainage and utilities, Granting the preliminary plat would not give the. applicant any approval to put structures on the locations they may have shown on the preliminary plat. Official Proceedings of the June 17, 2006 Shakopee City Council Page -7- Mayor Schmitt stated that his main concern regarding approving this plat and CUP is the maintenance of the property. Mayor Sclunitt referred back to some of the photo's that were shown of the current facilities in Roseville and Bloomington. Cncl, Menden asked if a private road were to be constructed across the property as Ms. Pumper had suggested in her presentation, would it fall under the CUP or the plat resolutions. Mr. Leek stated that it would be a condition under the CUP. Mr. Leek also stated that it may be a condition that would apply to the plat, but would not be recorded as a condition that applies to the plat. Joos/Clay offered Resolution No. 6461, a Resolution Approving the Preliminary Plat for Interstate Subdivision, subject to conditions presented as well as the two conditions noted in the memorandum for the table from Mark Noble, Planner II, dated July 17, 2006, and moved its adoption. Discussion followed. Cncl. Lehman feels that the use will be injurious to surrounding properties but he understands that the plat doesn't address the issues and the CUP does. Cncl. Lehman is also concerned with the traffic flow and impending problems that will be funneled to this facility. Cncl. Menden feels that if the Council is not given the flexibility in the preliminary plat of a private road or another entrance off of Sarazin that in the future we are going to be forced to have access onto Fourth Avenue. Cncl. Menden also feels that by approving the preliminary plat the City may be forced to adhere to the future requests of other buildings on their zoned plat sites. Mr. Thomson stated that if the City approves the preliminary plat the applicant gets the vested rights and comes back with a final plat that is consistent with the preliminary plat, there's no further debate. I I Cncl. Lehman feels that if the plat is approved the City is bound to the proposed parcel sizes on the plat for the future uses I-State wants to use it for such as the generator facility and business offices. Mayor Schmitt asked for a vote on Resolution No. 6461. Motion passed 3-2 with Council members Menden and Lehman dissenting. Joos/Clayoffered Resolution No. 6462, a Resolution Approving a Conditional Use Permit to Allow a Truck Sales/Service Facility for I-State at Property located North of 4th Avenue, East of Sarazin Street and West of Shenandoah Drive, and moved its adoption. Discussion followed. Cnc!. Clay feels that typically I-I zoned businesses are self contained within their structure with some outside storage facilities. Cncl. Clay does not feel that I-State falls within the 1-1 zone. Mayor Schmitt feels that the pictures he has seen ofthe other I-State facilities such as un- maintained buildings and heavy equipment on the site, does not fit in the 1-1 zone. Mayor Schmitt states that he is not in favor of the CUP at this time. ,)' Official Proceedings of the June 17,2006 Shakopee City Council Page -8- Cncl. J oos stated that he offered the Resolution (6461) to create discussion and make changes to the CUP. He feels that this is the time to discuss.what the citizens and the Council would like to see in the conditional use permit. Cnc1.Menden stated that he would like to add conditions: truck sales and service only, no parking on 4th Avenue, no truck access onto 4th Avenue, and he is concerned about the blasting, no outside storage of tractors, no storage of hardware, Mr. Thomson advised that if Council desired to table action, that Staff will need some direction as to what to draft for the resolution and what types of conditions to be added. Mayor Schmitt suggested that each of the Council members take the information they have and come up with a list of conditions they would like to see in the resolution and turn it in at the July 25, 2006 meeting and action would take place on Wednesday, August 2, 2006 at the regular City Council meeting. Lehman/Menden offered a motion to table Resolution 6462 to Wednesday, August 2,2006. Motion carried 5-0. Cnc1.Joos advised Council members that, at the SPUC meeting tonight, Shakopee Public Utilities Commission stated that they are planning to move forward with Wi-Fi. Mr. McNeill noted that under the proposed cable legislation that franchise funding is not in jeopardy. Lehman/Menden motioned to adjourn to Tuesday, July 18,2006 at 7:00 p.m. Motion carried 5-0. The meeting was' adjourned at11 :09 p.m. . ~,Gj ~ox City Clerk Kim Weckman Recording Secretary